Article 32 -- Modulation of air navigation charges

• Regulation (EU) 2019/317 found in: SKPI (No 2019/317) Safety Key Performance Indicators (Dec 2020)

Article 32 — Modulation of air navigation charges Regulation (EU) 2019/317 1. Member States may, on a non-discriminatory and transparent basis, modulate air navigation charges for airspace users to: (a) optimise the use of air navigation services; (b) reduce the environmental impact of flying; (c) reduce the level of congestion of the network in a specific area or on a specific route at specific times. (d) accelerate the deployment of SESAR ATM capabilities in anticipation of the time period set out in the common projects referred to in Article 15a(3) of Regulation (EC) No 550/2004, in particular with a view to giving incentives to equip aircraft with systems included in those common projects. Member States shall ensure that modulation of charges in respect of points (a) to (c) of this paragraph does not result in any overall change in annual revenue for the air navigation service provider compared to the situation where charges would not have been modulated. Over- or under recoveries shall result in an adjustment of the unit rate in year n+2. 2. Modulation of air navigation charges shall be applied in respect of the *en route* charge or the terminal charge, or both. Before the application of the modulation of charges, Member States shall consult airspace users' representatives and air navigation service providers concerned on such intended modulation. 3. National supervisory authorities shall monitor the proper implementation of the modulation of air navigation charges by air navigation service providers and report in accordance with [Article 37(1)](#_DxCrossRefBm1409943962).